19. legal and Administrative Change Flashcards
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What was the major legal development in France?
Napoleon’s codification and clarifying France’s complex legal codes. It was the culmination of revolutionary work and the Civil Code was released in 1804 and then renamed the Code Napoleon in 1807.
What were the key revolutionary changes upheld in the Napoleonic Code?
Abolition of feudalism and removal of Church and noble privileges
The secularisation of the state
Equality before the law and freedom of conscience
What were the controversial areas of the Napoleonic Code?
Father/husband head of the family
Children made subordinate to the father until marriage and could be imprisoned by him.
Female rights of inheritance were restricted
Legitimate children couldn’t be disinherited and had to divided at least 75% of land equally between male and female children.
What were the later introductions of code?
1806, A code on civil procedure became standardised.
1807, A commercial code with trade guidelines
1808, new special courts for major cases with a chosen jury
1810, new penal code with maximum and minimum sentences.
How was justice administrated under Napoleon’s regime?
Phased out magistrates chosen by citizens in 1802, and while the Senate started by electing judges in the highest appeal court, they were all eventually directly chosen by Napoleon.
How did Napoleon develop the administrative system?
In 1800 Napoleon appointed prefects to act as chief-administrators in each department, wearing uniforms and being the eyes and ears of central government. While chosen through talent, being moderate was preferred and 68% had served in the revolutionary government.
In what way was the police inherited from the revolutionary governments?
Both forms of police were from the revolution: the military police/gendarmerie and the civilian police.
The gendarmerie conducted everyday law enforcement, putting down rebellions and enforcing conscription.
The Civilian police rounded up political troublemakers. The Minister of Police had to report to Napoleon everyday.
Post 1810, the police had to seek out potential opponents to crush, intercept letter and exile troublemakers.